For the reasons indicated in its reasoning, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that the instant facts charged (excluding the part of conviction) constituted a case where there is no proof of crime.

The judgment below

Even if examining the reasoning of the lower judgment based on the record, the lower court did not exhaust all necessary deliberations as alleged in the grounds of appeal and did not err by misapprehending the bounds of free evaluation of evidence against logical and empirical rules, thereby exceeding the bounds of free evaluation of evidence.

On the other hand, the prosecutor appealed the entire judgment of the court below, but the guilty part does not state the reason in the petition of appeal and does not state the reason for appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.